On June 06, 2016, the Ministry of Industry and Trade (MOIT) issued Circular No. 04/2016/TT-BCT (“Circular No. 04”) amending, supplementing a number of previous circulars of the MOIT, including, among others, Circular No. 09/2006/TT-BTM dated May 25, 2006 guiding procedure on registration of franchising activities in Vietnam. According to Circular 04, requirement as to form of some documents of a franchise registration dossier has been changed as follows:
- Concerning the business registration certificate or investment certificate: in case of outbound franchise (from Vietnamese to overseas), notarization is no longer required. Instead, duplicate or certified copy or simple copy presented together with the original for comparison is acceptable.
- Concerning certificate of registration of industrial property rights in Vietnam or a foreign country: notarization is no longer required. Instead, duplicate, or certified copy or simple copy presented together with the original for comparison is acceptable.
Therefore, an applicant who performs now the procedure for franchise registration can choose among the three above copy forms and no longer has to carry out notarization process. Circular No.04 is effective as of July 20, 2016. Except for the above mentioned change, all other contents of Circular No. 09/2006/TT/BTM still remain in effect.